1) if 4 khattas of land was sold by your father and uncle then in the partition suit partition should have been claimed for only 16 khattas

2) draw attention of the court to fact that preliminary decree should have been passed for only 16 khattas and not 20 khattas

3) advocate commisisoner report would reveal that only 16 khattas of land are available for partition

4) defendants can raise the question regarding sale

5) your case would not be dismissed but partition would be granted for only 16 khattas

1. Apply for change of preliminary decree on amendment of plaint so as to change the area of land.

2.Yes defendant can raise this issue but since his father also part of so he can do nothing.

3. No.You can ask the advocate commissioner to partition only the area which is fet after sale and make a reference in his report of the earlier sale. It would be convenient for both of you.

Advocate commissioner will take into consideration all facts while dividing property by metes and bounds

But physically the property is now 16 katthas .........------------------ Now is there any problem 1) to make advocate commissioner report? 2) can deffendent artise this question now regarding of sale? 3) can my case may be dismissed in this sale issue??? .

Now after the inspection of property by Advocate commissioner it has been found that only 16 kattahs of properties are available and if there has been any objection raised to this by the defendants, you may file an amendment petition seeking to amend the schedule of properties stating that this omission was due to over sight.

The court will allow you to amend the same.